Raushan Khatoon Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Raushan Khatoon Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on bail bond of Rs. 30,000/- with two sureties of the like amount each, to the satisfaction of the learned ACJM-1, Jhanjharpur, Madhubani, in connection with Laukahi P.S. Case No. 26/2022, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Laukahi P.S. Case No. 26/2022 (offences under Sections 304B, 302, 34 IPC), should be released on bail in the event of arrest or surrender before the Trial Court.

Court's answer

In the facts and circumstances, the petitioner is to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing a bail bond of Rs. 30,000/- with two sureties of the like amount each, to the satisfaction of the learned ACJM-1, Jhanjharpur, Madhubani, in connection with Laukahi P.S. Case No. 26/2022 / G.R. No. 167/2022.

Ratio / Principle

The bail grant is made subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — Offences under Sections 304B, 302, 34 IPC — Laukahi P.S. Case No. 26/2022 (G.R. No. 167/2022), District Madhubani, registered 29.05.2022 — F.I.R. names three accused, including the petitioner (unmarried sister-in-law of the deceased), alleging the accused in connivance killed the informant's daughter for non-fulfilment of dowry demand — counsel submitted allegations against petitioner were omnibus and general; husband of the deceased had been granted regular bail (order dated 07.03.2024 in Cr. Misc. No. 82995 of 2023) and the mother-in-law co-accused had been granted bail by a co-ordinate bench (order dated 08.09.2023 in Cr. Misc. No. 59639 of 2023) — Held, petitioner to be released on bail in the event of arrest or surrender before the Trial Court within four weeks on furnishing bail bond of ₹30,000/- with two sureties of the like amount each, to the satisfaction of learned ACJM-1, Jhanjharpur, Madhubani, subject to conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.514 of 2025

Arising Out of PS. Case No.-26 Year-2022 Thana- LAUKAHI District- Madhubani

======================================================

Raushan Khatoon D/O Md. Tahir Village- Sanpataha, P.S.- Laukahi, DistrictMadhubani

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 22-01-2025

Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in connection with Laukahi P.S. Case No. 26/2022 corresponding to G.R. No. 167/2022 registered on 29.05.2022 for the offences punishable under Sections 304B, 302, 34 of the Indian Penal Code.

As per the prosecution, the present F.I.R. has been lodged against three named accused persons, including the petitioner, alleging that all the accused persons, in connivance with each other, killed the daughter of the informant for the nonfulfillment of a dowry demand.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.514 of 2025(2) dt.22-01-2025 2/3

that the petitioner is innocent and has committed no offense. He further submits that the petitioner is the unmarried sister-in-law of the deceased and has nothing to do with the affairs of her brother and brother’s wife. The husband of the deceased has been arrested and was granted regular bail by this Court vide order dated 07.03.2024 passed in Criminal Miscellaneous No. 82995 of 2023. He further submits that co-accused Nasirun Khatoon @ Nasirun Khatoon (mother-in-law) was granted bail by a co-ordinate bench of this Court vide order dated 08.09.2023 passed in Criminal Miscellaneous No. 59639 of 2023. The antecedents of the petitioner are not clean. He further submits that from a bare reading of the F.I.R., it becomes crystal clear that there is no specific allegation against the present petitioner; rather, all the allegations are omnibus and general.

Learned APP for the State opposes the prayer for

bail.

In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-1, Jhanjharpur, Madhubani, in connection with Laukahi

Patna High Court CR. MISC. No.514 of 2025(2) dt.22-01-2025 3/3

P.S. Case No. 26/2022 corresponding to G.R. No. 167/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J)

Ashwini/-

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